Revolutionary War Pension and Bounty Land Warrant Application File S. 17389, Samuel Draper, Mass. Privateer

SERVICE
NUMBER
Mass. Privateer
Draper, Samuel
S. 17389
carded
CONTENTS

15377.
Massachusetts
Samuel Draper of Bristol in the State of Mass who was a Private in the company commanded by Captain — of the Reg t commanded by Col d Walker in the Mass line for 12 Mo s & Private
Mass line
50 Bristol
Inscribed on the Roll of Mass at the rate of 40 Dollars — Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 11 th day of June 1830 and sent to Col d J. Hodge Present
Arrears to the 4th of March 1833 $ 80 — Semi-ant. allowance ending 4 Sep r " " 20 — $100 —
{ Revolutionary Claim, Act June 7, 1832. }
Recorded by J. H. McBlain Clerk Book 10, Vol. 2, Page 17.

10285-
Sam l Draper
Pm to 12 Mrs
$40-
14 06
May 4 1833
P. 372
A Bapett E
Taunton May

10.285
BRIEF in the case of Samuel Draper of Attleborough in the State of Mass ts (Act 7th June, 1832.)
 1. Was the declaration made before a Court or a Judge? Open Court  2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?  3. How old is he? 78 years  4. State his service, as directed in the form annexed. 
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     19 April In 1775 about 12 Private Gen. Capt Jake Ellis - Co n { mil l enlisted   1 May " " 8 do Col Tim o Walker Reg t do   Autumn 1777 1 do Capt S Richardson Co n  drafted   same " " 1 do Capt Alex r Foster do   Aug st 1778 1 do Capt C Richardson do   July " " 1 do Capt Clapp do   May 1780 Capt Jas Munro Com d  Ship Belisarius various Privates - 20 Guys  
5. In what battles was he engaged? none stated
6. Where did he reside when he entered the service? Attleborough - Mass ts
7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, or by incidental evidence, or by the rolls? by witnesses - the traditional evidence of others - one a clergyman - the latter certified to be credible persons
8. Are the papers defective as to form or authentication? and if so, in what respect? Correct
Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
E. Stephens
Examining Clerk.

Commonwealth of Massachusetts.
County of Bristol ss. On this twentieth  twenty fourth day of August in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open court before the Honorable H. Baylies Judge of the Court of Common Pleas  of the County of Bristol now sitting at Taunton in and for said County, Samuel Dyer a resident of Attleborough in said County, aged seventy eight years who being first duly sworn, according to law, doth on his oath make the following declaration in order to obtain the benefit of the act of Congress passed June 7th A. D. 1832.
THAT he was born at Spencer in the County of Worcester Massachusetts on the sixth day of May A. D. 1754, and that there is a record of his birth in Spencer Co. of Worcester but that he was in the United States service from the 10th day of April A. D. 1775, to the first day of May A. D. 1775 as a Private in the Militia : that he was residing at Attleborough aforesaid when he entered the service ; that he enlisted and served for the period aforesaid under the command of Capt. James Ellis of the Attleborough
: that he marched from Attleborough to Wrentham, from thence to Dedham, from thence to Dorchester Heights : that he served at and near Dorchester with others of of the regular troops ; and the above named regular officers were known to him : that he was in no battle and at the end of his service received no written discharge : that since the Revolutionary war he has resided at Attleborough
ALSO : that he was in the United States service from the first day of May A. D. 1775, to the first day of January A. D. 1776 as a Private in the Militia : that he was residing at Attleborough aforesaid when he entered the service ; that he enlisted and served for the period aforesaid under the command of Col. Stephen Richardson of said Attleborough, Sarah Melanson Lieut. Solomon Stanley Ensign in Col. Timothy Walter's Regiment : that he marched from Attleborough to Wrentham, from thence to Dedham from thence to Roxbury and Dorchester Heights : that he served at Roxbury & Dorchester with Joel Read and others of the regular troops ; and the above named regular officers were known to him : that he was in no battle and at the end of his service received no written discharge.
ALSO : that he was in the United States service from the  autumn day of A. D. 1777, to the day of  day of A. D. 1778 as a Private in the Militia : that he was residing at Attleborough aforesaid when he entered the service ; that he was drafted and served for the period aforesaid under the command of Capt. Stephen Richardson of said Attleborough : that he marched from Attleborough to Rehoboth, from thence to Swansea from thence to Swanton : that he served at Swanton with Joel Ellis and others of the regular troops ; and the above named regular officers were known to him : that he was in no battle and at the end of his service received no written discharge.

Also that he was in the United States Service for one m In the same Service under Capt Alexander Foster of Artillerists at Howlands Ferry and else where in that reg
Also that he was in the United States Service one m In August 1778 under Capt Caleb Richardson in Sullivan's Expedition to called.
Also that he was in the United States Service one month in 1778 under Capt Clapp. Col. Richardson was in Lieut we marched from Middlebury through Providence Kingston were stationed at said Kingston for the time until our term of service had expired & were honorablely discharged but have no written discharge
Also That he was in the United States Service six months from about the middle of May 1780 to about the middle of November following that he listed and entered on board the Ship or Vessel Belerophon at Boston commanded by Capt James Manso rated at 500 Tons mounting 20 18 lb guns with 175 men. We sailed from Boston about the middle of May as above and cruised on the coast toward Charleston S.C. and toward the west India Islands took several prizes and that he went on board one of the prize ships and the ship was
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll of the agency of any State. Sumner Lee , Sworn to and Subscribed the day and year first aforesaid.
Sept. 4. 1832 H. Baylies, Judge of Probate. We John Ferguson a clergyman, residing in the town of Middlebury and Noah Claplin
residing in the same Town hereby certify that we are well acquainted with Samuel Draper who has subscribed and sworn to the above declaration; that we believe him to be about seventy eight years of age; that he is reputed and believed in the neighborhood, where he resides to have been a soldier of the revolution, and that we concur in that opinion.
Sworn and subscribed the day & year last as aforesaid. John Ferguson Noah Claplin H. Baylies, Judge of Probate.
And the said court do hereby declare their opinion after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the abovenamed appli- cant was a revolutionary soldier and served as he states. And the court further certify that it appears to them that John Ferguson, who has signed the preceding certificate, is a clergyman, resident in the town of Middlebury; and that Noah Claplin who has also signed the same is a resident in the same Town and is a credible person; and that their statement is entitled to credit. H. Baylies, Judge of Probate.
I Anselm Basset Register of the Court of Probate for the Co. of Bristol do hereby certify that the foregoing contains the original proceedings of the said court in the matter of the application of Samuel Draper for a pension.
In testimony whereof I hereunto set my hand and seal of office on the day and year first aforesaid. Anselm Basset

10.285 Samuel Draper ~
N.C.

17 389 INVALID.
Am
File No. 17 389
General Draper
St. Peter's
Act: June 7 th 89
Index:—Vol. 1 , Page 102
[Arrangement of 1870.]

Section
Retaken by the enemy and he was made a prisoner of war and after-wards was exchanged and arrived home about the time his term of enlistment expired —

10.288
BRIEF objections to the admission of Pension Claims , of which those answered in the negative, in red ink, will apply to the claim of Samuel Draper which require further proof or explanation.
I. Does the declaration show where the applicant resides? II. Did the declarant make the declaration in the county where he resides? III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? IV. Has the declarant mentioned the period or periods of the war when he served? V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? length of service not all stated VI. Has he given the names of the officers under whom he served, in conformity with the regulations? VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? VIII. Has the Court given their opinion? IX. Has the Clerk given his certificate? X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal?

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? XIV. †If the applicant's name is not found on the rolls of military service, has he produced a witness or witnesses as to his service? If he has produced direct proof as to service, has the magistrate who administered the oath, certified to the credibility of the witness or witnesses? — no Has the proper officer certified to the official character and signature of the magistrate as the regulations direct? XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? XVI. ‡Are the papers authenticated as the regulations direct? XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? — 7th not answered
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words: "Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades; For _____ year _____ months, and _____ days, I served as a _____ For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state they served two years in the militia, &c. without specifying the tours; the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must in every case be clearly shewn under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
† QUERE XIV.  Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
‡ QUERE XVI.  Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
¶ In every case where the clerk of the court, or other certifying officer, has no public seal of office, the certificate of a member of congress, proving the official character and signature of the certifying officer, should accompany the papers.

Full Reads in the 6th Sam l Draper

I Joel Read of Alliborough in the County of Bristol & Commonwealth of Massachusetts engaged according to law, do testify & say that I was a soldier in the army of the revolution at Roxbury in the year 1775 & that Samuel Draper was enlisted and served in the Company commanded by Caleb Richardson Capt. & Frank Robinson Lieut. & Solomon Stanley ensign and that the said Samuel served as a faithful soldier  in the above mentioned officer during the term of eight months, ending Jan'y 18776. in the regt commanded by Col. John Walker & Maj. Leonard & Abiel Mitchell. Said regt was quartered partly in Roxbury & partly in Dorchester near Boston Neck.
Alliboro July 26. 1832. Joel Read
Bristol ss. July 26. 1832. Then personally appeared Joel Read & made oath to the truth of the above deposition by him signed before me
Levi May Jus. of P. Reun
Bristol ss. May 18. 1833. This may certify that the subscriber is well acquainted with Joel Read who has subscribed & sworn to the above deposition that he is a respectable man & credible witness
Levi May Jus. of P. Reun

Depositors in Sams Dorper's Case

Commonwealth of Massachusetts
County of Bristol ss } August 13 th 1832
I James Jackson of Middleborough in the County of Bristol aforesaid of the age of Seventy years having been duly sworn do testify and say that Samuel Draper of said Middleborough entered the service of the Revolution on board the Ship Rebecacarus at Boston commanded by Capt James Munro Rated at 500 Tons mounting 20 Iron pounders with 175 men we cruised off towards Charleston and round upon the west side of Cape, We took several prizes the said Samuel was put aboard one of the Ships and was as I understood taken with the said prize Ship a prisoner and was after wards exchanged he was out about six months from about the middle of May 1758 gave me Jack 30/11
Commonwealth of Massachusetts County of Bristol ss
August 13 th 1832
Sworn to and subscribed before me
Noah Wafin Justice of Peace
Commonwealth of Massachusetts County of Bristol ss
August 13. 1832
I Joel Ellis of Middleborough in the County of Bristol aforesaid of the age of 72 years having been duly sworn do testify and say that Samuel Draper of said Middleborough entered the service of the Revolution with me and served with me one month in the autumn of 1777 and we served in Capt Stephen Richardson company was stationed at Tiverton near Newport Rhode Island In Spencer Expedition and also I testify that the said Samuel Draper Samuel Draper served with me in one other campaign at and near Howlands Ferry under Capt Alexander Foster the term of one month In the fall of 1777 if I recollect right I do not mean to be positive as to the date and further that the said Samuel Draper served with me in one other campaign for one month under Capt. Culeb Richardson The exact date I cannot be positive about but I think it was In August 1818 gave Joel Ellis
Commonwealth of Massachusetts County of Bristol ss
August 13 th 1832
Sworn to and subscribed by the said Joel Ellis before me
Noah Wafin Justice of Peace

Commonwealth of Massachusetts County of Bristol ss. } August 13 th 1832
I Edward Richards of Attleborough in the County of Bristol do hereby certify and say that I entered the Service of the Revolution with Samuel Druce of said Attleborough in July 1778 as my memory serves me as to the date the Service was in mouth under Capt Clapp Capt Enock Robinson was leader we were State Troops we Marched from Attleborough to through Providence to Point and then to that place North Kingston and in where in that vicinity the said Druce and we were honorably discharged
Sworn to and subscribed before me Edward Richards Deputy Clerk of Court of Sessions for Bristol County Commonwealth of Massachusetts } August 13 th 1832 County of Bristol ss. } Sworn to and subscribed before me.
Deputy Clerk of Court of Sessions for Bristol County Commonwealth of Massachusetts } August 13 th 1832 County of Bristol ss. } I Elizabeth Wilmarth of Attleborough in said County of the age of 77 years having been duly sworn do hereby certify and say that Samuel Druce of Attleborough aforesaid was with me at Roxbury I think three weeks in the Revolution we left home in the evening of same day the Lexington battle was fought said Druce was in Capt Josiah Ellis Company of said Attleborough
Elizabeth Wilmarth Sworn to and subscribed before me Deputy Clerk of Court of Sessions for Bristol County
Commonwealth of Massachusetts County of Bristol ss May 23, 1833 This may certify that the Subscriber is well acquainted with James Jackson, Joel Ellis and Edward Richards who have subscribed and sworn to the foregoing depositions that they are all respectable men and credible witnesses Deputy Clerk of Court of Sessions for Bristol County

Commonwealth of Massachusetts.
Bristol ss. I James Spratt, Clerk of the Court of Common Pleas for said County of Bristol, do hereby certify that Noah Bliss, & Lemuel May Coff, whose signatures are affixed to the within and among certificates, are Justices of the peace in & for said County of Bristol, and duly qualified to administer oaths.
In testimony whereof I have hereunto set my hand, and affixed the seal of said Court, this third day of September, in the year of our Lord one thousand eight hundred and thirty.
Ja. Spratt
See & Blagden James D. Dugan
Mr. Warren C. assessor Sir Justice

I Here by Certify that the Said Samuel dropped the declarant in this case did at the time of his making his said declaration Refer to Rev John Ferguson and Deah Claflin to whom he was known in his neighborhood and who could testify as to his character for veracity and their belief of his services as a soldier of the revolution and the same the said reference not being inserted was an accidental omission of my own this is stated in answer to the 7 th Interrogative As it respects the terms of service not being satisfactorily stated nothing more can be added added as the said declarant has deceased
Nath Claflin Justice of the Peace
Commonwealth of Massachusetts. Bristol ss. I Atwell Register of the Court of Probate in said county do hereby certify that Nath Claflin whose signature is affixed to the above instrument is a Justice of the Peace for said county of Bristol -
In testimony whereof I have hereunto set my hand & the seal of said Court this twenty fifth day of May Eighteen hun- dred & thirty three - Atwell

Col. W. H. Russell Esq. General Draper

I, Elizabeth Wilmarth of the age of 77 years have ing been duly cautioned and sworn do testify and say Samuel Draper of Milborne in the County of Bristol and Commonwealth of Mass- was with me at Newbury in the State since in the war of the Revolution as near as I can recollect three weeks we left home on the evening of the day of the Battle at Lexington Sept. 19 th 1775 - Said Draper was in Capt. John Ellis Company Elizabeth Wilmarth
Commonwealth of Massachusetts Bristol ss August 3 rd 1832 Then the above named deponent made oath that the foregoing deposition by him subscribed is true according to his best knowledge and belief before me
Noah Dyer Justice of Peace
Commonwealth of Massachusetts County of Bristol ss May 23 rd 1833 This may certify that the Subscriber is well acquainted with Elizabeth Wilmarth who has subscribed to the above deposition that he has is a respectable man and a credible witness Noah Dyer Justice of Peace